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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Facts of recognition;
A. On December 30, 2018, the Defendant concluded a lease contract between Eunpyeong-gu Seoul Metropolitan Government (hereinafter “instant real estate”) with respect to the lease deposit KRW 400,00,000, and the term of lease from February 20, 2019 to February 19, 2021, with respect to the Plaintiff’s registered brokerage business with the name of D Licensed Real Estate Agent Office (hereinafter “D Licensed Real Estate Agent Office”).
B. The phrase “matters concerning brokerage remuneration, etc.” of the description of confirmation and explanatory note of the object of brokerage attached to the lease agreement at the time of the conclusion of the instant lease agreement includes the following: “The brokerage remuneration of KRW 1,600,000, value added tax, KRW 1,760,000, KRW 400,000 x 0.40% x the brokerage remuneration of KRW 0.40%; and the brokerage remuneration of KRW 0.40,000 x the broker and the practicing licensed real estate agent may decide upon mutual consultation and impose value added tax separately.
C. After moving into the instant real estate on February 20, 2019, the Defendant paid KRW 1,200,000 to the Plaintiff as the brokerage commission of the instant lease agreement.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, purport of whole pleadings
2. Summary of the parties' arguments
A. The Defendant paid only KRW 1,200,000 out of the brokerage commission of the Plaintiff’s KRW 1,760,000, which was agreed upon by the Plaintiff, and thus, sought the remainder of KRW 560,000 and damages for delay.
B. The broker fee of the Defendant’s lease contract is KRW 1,760,000 on his own discretion. The Defendant did not agree with the Plaintiff on the broker fee of the instant lease agreement. Since the Defendant paid KRW 1,200,000 to the Plaintiff is reasonable, the Plaintiff’s claim of this case is without merit.
3. Determination
A. According to the statement in Gap evidence No. 1, the brokerage fee is KRW 1,760,000 in the confirmation statement and explanatory note of the object of brokerage attached to the instant lease agreement, and the defendant and the plaintiff are as follows.